Sale of an apartment purchased with maternity capital - not the easiest operation. The problem is related to ensuring that the property and housing interests of children are respected. The new housing must be the same or better than the previous one. In addition, the guardianship authorities must approve the transaction. How to carry out the procedure correctly?

How to sell an apartment purchased with maternity capital and buy another property? It all depends on whether the property is properly registered.

In the case of maternity capital, property is distributed among all family members without exception. The apartment must be jointly owned. And no more than 6 months are given for registration. Shares are allocated by agreement between family members.

The sale directly affects the interests of children, including the right to normal living conditions. First of all, parents must respect the rights of their children. This is controlled by government agencies and, first of all, guardianship authorities. If the rights of children are violated and the property is not registered correctly, there may be a problem with its sale.

Guardianship authorities usually easily give consent if you plan to purchase a residential building or apartment with a larger area. This will not only improve the living conditions of the children, but will also allow them to receive a larger share. In addition, we often talk about purchasing an apartment in a new building.

The legislative framework

If housing was purchased with maternity capital, all the same rules apply to it as when selling housing in which shares belong to minors.

1. All operations are carried out by legal representatives with the permission of the guardianship authorities. Parents have an obligation to apply only in person. A proxy cannot act on behalf of the parents.
2. Within 1 month, the guardianship authorities make a decision. This time is necessary to verify compliance with the rights of minors.
3. Children must be provided with equivalent or better housing. Deterioration in the quality of living conditions is unacceptable. You can sell an apartment only if you simultaneously purchase a new property. If the apartment area is smaller, the child should be allocated a larger share.
4. The location of housing is important. So, if a city apartment is exchanged for a house in a rural area, the question may arise about the feasibility of such a transaction. If you decide to change your region of residence, you need to present serious arguments. So, this may be the good ecology that the child needs.
5. If the guardianship does not approve of the transaction, the lawyers of this organization go to court. When considering the claim, it will be taken into account whether the parents have improved the living conditions of the children.

Many people plan to build a house using maternal capital. But many people are concerned about how long it will take to sell it? Relations related to the use of these funds are regulated by Federal Law No. 256 of December 29, 2006. It does not establish restrictions on the sale of such housing. The main requirement is the approval of guardianship for the transaction. This requirement is included in the following standards:

• Art. 21 Federal Law “On guardianship”;
• Art. 28 and 37 of the Civil Code of the Russian Federation.

Children's rights will be respected if they are given proportionate shares in the new housing. But in practice this is not so easy to achieve. It is necessary not only to find a willing buyer, but also to select a suitable option for purchasing a new property. Then a preliminary purchase and sale agreement is concluded.

How to sell an apartment purchased with maternity capital without allocating shares to children? You must first open a deposit in the bank. An amount equal to the value of the share is transferred to it. This procedure is possible only by decision of the guardianship authorities. Funds are credited immediately after authorization is granted.

There is another option when a share in a relative’s house or apartment is allocated. The share may be less if other housing has a larger area. The share is determined depending on the difference in price.

Permission

To obtain permission, parents must personally contact a specialist from the guardianship authorities for an appointment. On site, you must fill out an application form and submit documents for consideration. The application contains complete information about the real estate and the distribution of shares. At the end, both parents sign.

The following documents must be submitted for all family members:

• passports of parents and passports of children over 14 years of age;
• birth certificates of young children;
• application from children over 14 years of age;
• statement from the remaining adult owners;
• Marriage certificate;
• in case of divorce, a corresponding certificate is provided;
• certificate from school, kindergarten or clinic.

Not only originals, but also copies are provided. A guardianship official will check the documents for compliance and take copies. Additionally, documents are required for the real estate being sold and purchased:

1. cadastral passport;
2. technical documentation;
3. an extract from the personal account to confirm the absence of debts;
4. preliminary purchase and sale agreement certified by a notary;
5. certificate of housing price;
6. extract from the Unified State Register of Real Estate;
7. statement of guarantee of the transaction from the owner of the purchased property.

By law, the guardianship authorities have a month to consider the application. But the decision may be issued earlier, depending on the characteristics of the property and the composition of your family. It is signed by the head of the municipality and the organization’s seal is affixed. The permit is valid for 3 months, so do not delay signing the contract and submitting documents for registration. After the transaction is completed, the parents have 1 month to provide the guardianship with documents regarding the transfer of ownership.

To avoid any questions about the correctness of the transaction from the guardianship authorities, a certain sequence of actions should be followed. It is important to choose replacement housing. It must be equal to or better than the previous property. If your parents’ relatives have apartments and they don’t mind, you can allocate shares from them.

In some cases, it is possible to purchase an apartment with a smaller area. This becomes possible if the previous housing is in poor condition, and the purchased housing is smaller, but is located in a new building. Then children in the new housing must be allocated larger shares than owners over 18 years of age. In this situation, the guardianship authorities recognize the exchange as equal.

If parents are planning to move to another region or locality, good reasons are needed. This may be a certificate from a medical institution stating that the child needs a milder climate for health reasons. It could also be a certificate from the work of one of the parents about transfer to another region or locality, which requires a change of place of residence for the entire family.

Documents and an application from the apartment owners are provided to guardianship. An inspection report of the purchased property is drawn up from a visiting inspector from the guardianship. If everything is in order, the guardianship authorities will issue permission to sell.

After this, you can sign an agreement for the sale of existing housing and the purchase of new housing. Ownership of new housing is registered. It allocates shares to minors. If parents want to transfer full rights to home ownership to their children, this is not prohibited.

Required documents

When selling an apartment, the future owner may request documents to verify the legal purity of the transaction. The package of documents may include the following:

• an extract from the house register with information about those registered;
• confirmation of the absence of debt for intercom, telephone and Internet;
• document confirming the absence of rent arrears;
• certificates from drug treatment and psychoneurological dispensaries.

To register a transaction in Rosreestr, the following is required:

1. passports of parents and children over 14 years of age;
2. children's birth certificates:
3. certificates of ownership or extract from the Unified State Register of Real Estate;
4. guardianship resolution;
5. act of acceptance and transfer.

After completing the registration of property, the guardianship department is provided with an extract from the house register on the registration of minors and a purchase and sale agreement.

According to Art. 36 of the Civil Code of the Russian Federation, such housing cannot be sold if there is no permission from the guardianship. No serious real estate agent would take on such work. In addition, Rosreestr may suspend registration of a transaction until the full package of documents is received. An important condition is the allocation of shares to minors.

The age of the minor is not taken into account. If he is a minor, he will have to allocate a share. Its size is determined by agreement between family members depending on the size and cost of the apartment or house.

If an apartment is sold during a divorce, the interests of minor family members are taken into account first. They are allocated a proper share in new real estate or in another existing apartment. The following restrictions are established:

1. children are not deprived of property rights and their shares;
2. new property must be no worse than the existing one;
3. A change of region of residence is allowed only if there are compelling reasons.

If all these conditions are met, there should be no problems with the sale of real estate. If the conditions are ignored, the transaction is considered invalid.

The most difficult cases arise when new housing is planned to be purchased using mortgage funds.. There is a serious possibility of refusal and applications should be submitted to banks in advance. Refusal is possible even if there is maximum transparency and if all the rights of the child to normal living conditions are respected.

In accordance with current legislation, parents undertake to allocate shares in property to their children. The problem may arise with housing that has not yet been put into operation. In addition, if the owner stops paying the loan, the bank has the right to sell the property. But if minors act as owners, the bank will not be able to do this.

Timing of real estate sales

The law does not establish restrictions on the timing of sales. Even if the ownership documents were received recently, the apartment can already be sold. In this case, there is no need to allocate shares for children, since this should be done within six months after registration of property. But when purchasing a new property in which the family will live, children are required to be allocated shares. The relevant documents must be submitted to the guardianship authorities.

When selling real estate purchased using maternity capital, all parties to the transaction bear risks. Thus, sellers bear administrative and criminal liability. And the buyer may face cancellation of the transaction if the rights of children are violated. If this happens, the transaction is declared invalid by a decision of the district court.

In this case, the apartment is returned to the previous owner, and he undertakes to return the money received. In this case, the apartment is returned regardless of how quickly the money paid is returned. Even if the guardianship authorities do not react to the violation of children’s rights, the child can challenge the deal. This opportunity arises upon reaching 18 years of age.

The safest option, when the simultaneous sale of old housing and the purchase of a new apartment are carried out. It is advisable to request copies of the relevant documents from the seller. If he refuses to provide them, it is better to consider another option.

Thus, the law does not prohibit the sale of apartments purchased using maternity capital. But it is important to respect the legitimate interests of children. They need to allocate appropriate shares. There are also special features when applying to a bank for a mortgage loan.

As statistics show, a huge number of families who own a “maternal” certificate still spend the money received from it to improve their living conditions. This trend is quite understandable: the housing issue for Russians today is more relevant than ever. But sometimes you have to refuse apartments purchased using the above certificate: someone is not satisfied with the area of ​​residence, layout, square footage, and so on. In this regard, many people ask the question: “Is it possible to sell an apartment purchased with maternity capital?” The answer to this will be positive, but some nuances should be taken into account, which will be discussed in this article.

To sell or not...

As a rule, certificate owners do not think much about how to sell an apartment purchased with maternity capital. As they say, don't look a gift horse in the mouth.

In addition, the hassle associated with the legal registration of real estate takes a lot of effort and time. And yet, the option of expanding square meters through the sale of apartments purchased through a “mother” certificate should not be discounted. To be fair, it should be emphasized that this procedure may be associated with certain difficulties.

Specific steps

Firstly, the rights and interests of minor children who have a share in the apartment must be taken into account - this is controlled by government agencies represented by You don’t know where to start solving the question: “How to sell an apartment bought with maternity capital?” Advice: prepare a package of documents for the above government agency. In other words, you must receive the go-ahead for the sale of the apartment from the state.

Parents must inform this department about the alienation of real estate acquired using the “mother’s” certificate. They must prove that as a result of the transaction there will be no deterioration in living conditions, and the rights of the offspring will not be violated. At the same time, the family does not have to sell the “cherished” apartment: the option of exchanging housing for a more spacious one is allowed. If, however, there is still an intention to sell an apartment, then the new mansions should be located in a more prestigious area. Otherwise, the process of buying and selling housing may not take place at the initiative of government agencies.

Other things to remember

There is another important aspect in considering the question of how to sell an apartment purchased with a mother’s certificate. We are talking about a situation where a family, in which the only source of income is the existing living space, plans a transaction to alienate the apartments, and a decision is made to transfer the children to an orphanage. Here, government agencies can approve the sale of an apartment only if the parents’ intentions are confirmed in writing.

In parallel with this, parents must open a bank deposit in the name of the child, who will be cared for by the state, and “put” on it an amount of money equivalent to the value of the share in the property being sold.

Documentation

Those fathers and mothers who have a very vague idea of ​​how to sell an apartment purchased with maternity capital will be interested in learning about the list of documents submitted to the department dealing with issues of guardianship and trusteeship.

First, you must complete applications for both father and child. An application from the minor himself (if he has reached the age of 14) will also be required.

Secondly, it is necessary for all participants in the transaction to provide passports and their copies.

Thirdly, you will need receipts written by all homeowners, in which they do not object to a minor child participating in the transaction.

Fourthly, you should provide the object of sale (a “pink” certificate, a certificate from the BTI on the estimated value of housing, an apartment plan, a certificate reflecting the state of financial accounts and confirming the absence of debt on utility bills).

The interests of the child come first...

When considering the question of how to sell an apartment purchased with maternity capital, the following circumstance must be taken into account: the state will give consent to the transaction for the alienation of housing if it is confident that the child will be allocated the same (or more) square meters in the new apartment. meters, as in the old ones. If the area acquired by the choir exceeds the area of ​​the old ones, then the share of the minor offspring must be increased without fail.

What else should those who don’t know how to sell an apartment purchased with maternity capital and buy another one should pay attention to? It should be remembered that the transaction for the acquisition and alienation of real estate from the point of view of the time period must be simultaneous. In other words, it is necessary to carry out the registration procedure for both contracts in parallel.

Do you want to sell an apartment purchased with maternity capital? Do not forget that the transaction will be legal only if it is notarized.

Taxes

It is also very important to remember that when making real estate transactions, you will have to pay taxes. If the apartment has been registered as a property for less than three years, then the amount of deductions to the state income will be 13% of the value of the property.

One more nuance

The question of how to sell an apartment purchased with maternity capital is fraught with another pitfall.

The agency in charge of the area may “reject” the transaction if it turns out that the owners of the parent certificate, after selling the old apartment, intend to purchase a new one on credit. A banking institution is unlikely to provide collateral for real estate if it learns that minor children will be among the “potential” owners. Their right to own square meters can be officially recognized only after material obligations to the credit institution are fulfilled in full. Let's look at the mortgage issue in more detail.

Risks for purchasers of apartments using MSK

After we have found out whether it is possible to sell an apartment purchased with maternity capital and buy another, it would be useful to consider the situation when a family acquires square meters on credit with the help of MSK, and some time after paying off the debts decides to act as the seller of this housing in order to purchase a more comfortable one.

As has already been emphasized, if the apartments were purchased as part of a mortgage loan, then the entire amount of the debt cannot be repaid immediately. The fact is that the bank will not agree to a pledge agreement if it determines that the owners are adults. Naturally, the process of allocating a share in this situation is “frozen” until the credit institution receives its money back. In this case, the father and mother of incapacitated offspring must submit to the Pension Fund notarized guarantees that within 6 months from the date of repayment of all debt to the bank they will complete all documents properly. The problem is that the implementation of the above guarantees is not legally regulated, and parents often neglect their obligations. The only people left in a difficult situation are those who are potential buyers of an apartment from an “unscrupulous” father or mother. The whole point is that, having reached the age of eighteen, the children of the latter can challenge such a transaction in court, and it does not matter whether the parents deliberately “overstayed” the moment or through negligence. In any case, before concluding such transactions, it would not hurt to use the services of a qualified lawyer.

If maternity capital funds are used when purchasing real estate, the sale of the property is accompanied by a number of difficulties. The state protects the rights of children, therefore, when concluding transactions on the alienation of property, the interests of minors cannot be diminished. How to sell an apartment purchased with maternity capital, and when you can conclude a deal - we’ll try to figure it out.

General terms of sale

Purchasing real estate with use is a special procedure. It is important to comply with the conditions for registering an apartment, outlined in Article 37 of the Civil Code of the Russian Federation, norms of Federal Law No. 256-FZ, in force since December 29, 2006. Part 4 of Article 10 of the latest regulatory act clearly establishes that the purchased housing is divided among all family members.

The purchased house is registered according to, parts of the property are owned by:

• both parents
• children, including the first one, for whom maternity capital is not registered

The shares do not have to be equal. Article 10 of Federal Law No. 256-FZ establishes that square meters are distributed in accordance with the agreement.

If minor children are listed as owners of housing or part of it, legal representatives have the right to carry out transactions for its alienation only after receiving the consent of the guardianship authorities. Moreover, department employees will want to make sure that the interests of each child are respected. Parents will have to prove that:

1. Living conditions for minors will remain at the same level:
   1. the comfort of the room will not deteriorate. It even takes into account where the old and new house are located - in the city or in the countryside. Moving from a village to a large populated area is considered advisable. And when exchanging a city apartment for a house on the outskirts, questions may arise
   2. the area of ​​residence will not decrease.
2. The share allocated to each child in the new apartment is equal to or greater than the share registered to him in the previous premises.

That is, parents must sell the apartment and buy another one. And re-register a certain share in the new housing for the child. In such a case, the evidence for the guardianship authorities is. Or give away part of the old one, previously registered as private property. And provide information displaying information about the owners. It is worth registering part of the housing for the child in advance, before contacting the Public Education Office.

If parents plan to purchase housing in another region, they must prove that the change of residence is made for good reasons. For example, moving is associated with a change of job.

When is it allowed to sell real estate?

Federal Law No. 256-FZ does not limit legal representatives in time. You can contact the guardianship authorities with a request to issue permission to sell housing purchased with the help of maternal capital even immediately after its purchase. But it is worth remembering that when selling real estate owned for less than 3 years, you will have to pay a tax of 13% of the cost.

And it won’t be possible to implement the deal right away. Department employees have 1 month to receive a review from parents. During the specified time, guardianship officials determine whether the requirements of the law to ensure the comfort of minors and preserve their shares have been met.

If you plan to place your children in a new apartment, which is purchased after the sale of the previous one, you should not delay. The validity period of the issued permit is indicated in the document form and is usually 3 months. If a transaction to purchase a new home is concluded later, the guardianship authorities may prohibit its registration.

This rule does not apply when the resolution does not indicate a deadline for execution. However, parents have little time in any case. Within a month after completion of the transaction, legal representatives are required to provide copies of agreements on the alienation of residential space. The condition is stated in Letter No. 09-M issued by the Ministry of Education on February 20, 1995.

Obtaining permission from guardianship

So, the main thing that is required for the sale of real estate purchased with maternity capital is obtaining consent from the guardianship and trusteeship authorities. Let's consider the procedure in detail.

Required documents

Before initiating a sale or contacting the specified department to obtain permission, you need to create a package of papers. It includes documents of two categories. The first includes general documentation concerning family members:

1. Passports of mother and father. If children have reached 14 years of age, or there is an adult child of their own, their passports will also be required.
2. For each child under the age of obtaining a passport - a birth certificate.
3. Statement from parents. Adult children, as well as adolescents 14 years of age and older, also fill out similar documents in their own hands and sign.
4. Marriage certificate. If the relationship is terminated - about divorce.
5. Documents containing additional information about minors - certificates from a kindergarten or school, hospital.

• cadastral passport for apartments registered before 2017. Federal Law No. 218-FZ, adopted on July 13, 2015, canceled the issuance of such a document from January 1, 2017. But for older objects the document was issued
• extract from the Unified State Register of Real Estate
• technical plan
• . Confirms the absence of debt
• results of an examination to assess the cost of housing
• ownership documents
• preliminary sales agreement. The document is certified by a notary
• guarantees of the transaction provided by the current owner of the premises.

Guardianship authorities may additionally include other papers in the list.

Separately, it is worth mentioning the obligation on the basis that parents draw up. The document confirms the intention to respect the rights of minors to provide ownership of part of the purchased housing. The paper is certified by a notary office. The obligation must be fulfilled no later than 6 months from the date of signing the document.

Receipt procedure

Only legal representatives can submit the completed package of documents. Sending documents by mail or transferring them through a proxy is not permitted.

The collected documentation must be taken to the guardianship authorities. Department employees have 1 month to consider the application. However, if the rights of children are respected, permission can be obtained earlier.

If a refusal is received, the applicant has the right to challenge the decision in court. If the court considers that the interests of the children are fully respected, it will make a positive decision on the issue and the registration of the purchase and sale of real estate can begin.

Sales procedure: step-by-step instructions

To ensure that the interests of children and parents are respected, it is important to arrange the sale of an apartment competently. First, you need to find a suitable buyer, find a new apartment where the family will live, and negotiate with the owner to provide guarantees for the guardianship authorities. And after receiving consent from the specified department, proceed directly to the execution of the contract.

Possible types of transactions

The most common option in which it becomes possible to sell real estate purchased with maternity capital is the sale of owned housing and the purchase of a new house and apartment. The main thing is that living conditions do not deteriorate, and the children’s shares are maintained. However, there are also exceptional situations when guardianship allows the purchase of smaller housing. For example, if the apartment being sold is in poor condition, and the one being purchased is located in a new building. But the children's shares should remain unchanged. Therefore, family members over 18 years of age may receive smaller shares.

Another acceptable option is an exchange. It is allowed to change the apartment for a similar one or purchase a larger one with an additional payment. The deal does not infringe on the rights of children and guardianship allows for the registration of such agreements.

Is it possible to sell an apartment and build a house with the funds received? It is difficult to obtain consent from government departments for such actions, since minors do not immediately receive shares of real estate. But if there is an option to register part of the property in the relatives’ apartment for the child, it is possible to achieve a positive decision.

Registration of purchase and sale

The transaction is registered in Rosreestr on the basis of certain documentation:

• passports of family members over 14 years of age
• birth certificates for minors
• extracts from the Unified State Register of Real Estate, or an earlier version of the document - certificate of ownership of the former owner
• permission issued by guardianship
• agreements between the parties

New owners are issued an extract from the Unified State Register of Real Estate. The paper must also be taken to the guardianship authorities so that employees can be convinced that the parents have fulfilled their obligations.

Using mortgage funds when buying an old and new apartment

If parents used maternity capital and a mortgage to purchase housing, the situation becomes more complicated. Until the debt to the bank is repaid, the apartment is secured by the bank. This means that the sale of real estate will require the consent of not only guardianship, but also the financial institution.

There are two options to solve the problem. The first is to obtain permission from the bank with the transfer of obligations to repay the mortgage to the new owner. Accordingly, the amount the seller receives is reduced by the amount of the remaining debt. But in such a case, problems arise with the guardianship authorities, especially if the family does not have enough money to buy a new apartment. It is difficult to obtain permission for a transaction.

The second option is to bypass the bank. The buyer and seller enter into an agreement, and the latter, against receipt, gives the current owner of the apartment an amount covering the mortgage debt. And the rest is transferred to the seller after.

Another situation: there is not enough money from the sale, and the owners want to take out a mortgage to purchase more expensive real estate. Guardianship authorities are wary of transactions that involve borrowing funds. After all, circumstances can change, and the bank may refuse to issue a loan. Accordingly, it will not be possible to purchase the requested housing. If the apartment has already been sold, then the rights of children are violated.

To avoid difficulties, a mortgage application should be submitted in advance. And only after full approval go to the guardianship authorities for permission, having in hand a guarantee of receiving a loan.

Selling an apartment purchased with matkapital during a divorce

Since the husband and wife are among the shared owners, during a divorce, each receives a part of the property registered in the citizen’s name. After all, the apartment was divided in advance upon purchase.

Difficulties arise if the owner wants to sell his share. There are two possible solutions to the problem:

1. Give the value of what belongs to the potential seller and take his share.
2. Sell ​​the apartment.

In the latter case, there is no question of purchasing a new apartment, because the children and their guardian do not receive the entire amount of the proceeds from the sale. But you can allocate shares to minors in the house of relatives. The guardianship authorities may agree to such a deal.

Is it possible to sell without allocating shares?

The law allows the sale of an apartment purchased with maternity capital without allocating parts of the new property to children. However, in such a case, parents will be able to spend only part of the money - the proceeds from the sale of the shares they own. The remaining amount must be deposited into a bank account opened in the name of the children.

If children are adults

Once all owners are 18 years of age or older, consent from the PLO is not required. Each owner must agree to the purchase and sale transaction, and is registered as the new owner. However, the guardianship does not control the fulfillment of the terms of the contract.

Is it possible to sell an apartment purchased with maternity capital?

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In order to increase the birth rate, the Russian government created a program that provides certain payments for the birth of a second or subsequent child. This incentive measure is called maternity capital.

However, it is worth considering that you cannot simply spend public money. Funds can be invested in the following:

• Buying a property;
• Improving the conditions in which the family lives;
• Education of mother or children;
• Mother's pension.

The most popular type of use of capital is. But what to do if suddenly there is a need to sell the acquired property? Can this be done and how?

Reasons for selling housing purchased with public money

When asked why people have an urgent need to part with their house or apartment, you can hear hundreds of answers. The reasons are different for everyone. It can be:

• Moving to a different city;
• Purchasing a new home using funds from the sale of an old one;
• Financial difficulties.

The law does not provide for a ban on the sale of such housing, which means it can be sold. But before you do this, you need to find out all the nuances and act strictly according to the proposed procedure.

Features of the sale of real estate purchased with maternity capital

It is worth noting that property purchased in this way automatically becomes the property not only of adults, but also of their children. This means that it is impossible to sell a house or apartment without the consent of a child, even a minor.

How to obtain consent from children if they are under 16 years of age? Like this: you need to contact the guardianship and trusteeship authorities for permission. Is it possible to make a transaction without consent?

No. If you do not have this document, the sale process will be rendered invalid and you will not be allowed to sell your home.

If at the time of the sale of the property the children have grown up and acquired their own living quarters, then permission from them will no longer be required.

Please note that permission from the guardianship and trusteeship authorities is not valid forever. The optimal period is 3 months. But if you look at one of the documents of the Ministry of Education of the Russian Federation, you can see a clearly stated deadline there - within a month. If during this period the sale transaction could not be completed, then a new consent will be required for its further implementation.

Conditions for the sale of a house in which funds from maternity capital were invested

Since there are no special restrictions on the sale of such residential premises, according to the law they can be sold in any case. However, we are talking about housing in which small children live. Therefore, if the state does not have questions and doubts regarding the resolution of the transaction, then the guardianship and trusteeship authorities will certainly have them.

Why will this happen? Because for government officials to authorize a sale on behalf of minors, it is important to know that after the transaction the children will live in a house that is equivalent or even better than what is being sold.

To do this, the housing in which the family will live after the operation must meet the following conditions:

• The area must correspond to the area of ​​the house sold or be larger;
• Living conditions should not be lower than living conditions in previous housing;
• After the sale of property purchased with the help of maternity capital and the registration of children in a new house, their share should not become less than what it was.

If the property is sold for the construction of a new house, it is very difficult to prove its future livability, as a result of which it is very difficult to obtain permission for the transaction from the guardianship authorities.

A Step-by-Step Guide to Selling a Home Purchased through a Family Program

In order to competently and quickly sell a house purchased with the help of maternity capital, it is necessary to act strictly according to the plan presented below:

1. Make sure that all necessary documents regarding the house being sold and its owners are available;
2. Prepare documents confirming that after the transaction the children will live in a comfortable house of decent size;
3. Find prospective buyers;
4. Prepare and notarize the preliminary consent;
5. Apply to the guardianship and trusteeship authorities for permission to sell, provide them with papers confirming the continued safe residence of minors in another residential area;
6. If the decision is positive, conclude a purchase and sale agreement with the buyers.

As you can see, the transaction process is not that complicated. The main thing is to act strictly according to the law, complete and submit all necessary documents correctly and on time.

What is needed to obtain consent from the guardianship authorities?

In order for you to be allowed to sell your property, it is not enough to provide only information about the family’s future housing.

You must show the originals and make copies of the following documents:

1. Passports of both parents. All pages.
2. Birth certificates of all children registered in the house.
3. Marriage certificate (needed only if parents are registered).
4. A certificate confirming that the family has no utility debts on the house they are planning to sell.
5. If any or all of the children are over 14 years old, they will be required to provide a written statement of consent to the sale of the house. It does not need to be notarized; only the applicant’s signature will be sufficient.
6. All owners of real estate for sale are required to write a statement of consent or disagreement to the transaction.
7. Documents for housing.
8. , where the cost of the house and its plan are clearly stated.
9. Preliminary consent of the seller and buyer to the transaction.

How to speed up the sale?

Every person, even if he has never encountered the sale of real estate, understands that it is impossible to sell a house in a week. Why does this happen? Because this is a very serious process that requires careful collection of information, its verification and implementation.

In some cases, the time frame for completing such transactions extends to a couple of months, and sometimes more than six months.

1. In advance, even before searching for buyers, prepare all the necessary documents and make copies of them, if necessary.
2. Use the services of a realtor to find good and honest buyers.
3. Accurately indicate the price, tell and show all the nuances and features, answer all questions truthfully.
4. You can also consult with the guardianship and trusteeship authorities in order to be sure of obtaining consent from them.

Such tips will help you avoid difficulties in completing a transaction and obtain all the necessary permits and conclude a purchase and sale agreement as soon as possible.

Let's summarize:

1. You can only sell a house purchased with maternity capital if you have another equally comfortable home.
2. Permission to sell is required from all apartment owners.
3. If the marriage is not registered, then the father cannot be included in the property purchased with the help of maternal capital.
4. In order to avoid falling into the hands of scammers, it is advisable to contact a professional realtor who has proven himself among your close friends.

Sale of a house purchased using maternity capital

The video shows a consultation with real estate lawyer Inna Belyakova.